As attorneys who frequently represent homeowners’ associations here in Florida, we often see associations challenged on what are known as special assessments. These assessments are often necessary, still, there are tactics that associations can use in order to mitigate some of the effects and avoid litigation from owners in some circumstances, as we discuss below.

Regular Fees, Reserves, And When/Why Special Assessments Are Needed

Special assessments are fees that are charged in addition to regular fees that are expected; typically to make up for budget shortfalls. While regular dues are charged monthly or quarterly, in order to keep the community running in terms of operating expenses such as electricity, exterior maintenance, insurance, landscaping, management, and others, associations also keep reserves to fund such expenditures such as street repaving and roof replacement. Reserve needs are determined by reserve studies, which determine the schedule for repairs over a 30-year timeline, as well as estimated costs. Florida requires condo associations to have reserves studies performed once every three years, however homeowners’ associations typically only have the studies done as often as what their governing documents require.

When an association does not properly fund the reserves, this is when problems typically arise. From a business and legal perspective, the reality is that operating costs for associations will typically increase over time and if they are not addressed in terms of assessing regular special assessment fees, associations could find that they are grossly underfunded for some major repairs and replacements, which could result in owners owing thousands of dollars in special assessment fees; years later. In addition, sometimes these fees also have nothing to do with associations failing to follow their reserves but instead result from an unexpected disaster that insurance perhaps did not cover and/or resulted in a rapid deterioration in construction, for example. Therefore, from a fiduciary duty perspective, condo and homeowners’ associations must regularly levy special assessment fees.

Mitigating the Effects

It might be easier for owners to deal with these assessments if they are added onto monthly condo fees in small amounts overtime. That being said, sometimes these funds are simply needed for immediate use, in which case associations have no choice but to charge special assessment fees as one-time charges paid by each owner as lump sums. This is why it is important for owners to review the governing documents and financials before purchasing in a community.

Contact Our Florida Homeowners’ Association Attorneys

Associations play an important role in upkeep, maintaining operations, and in ensuring that property values stay at a certain level. In working to ensure that important goals are met, working with the right attorney to protect your association is imperative. At HD Law Partners, our Tampa homeowners’ association attorneys are prepared to work with you to provide that legal advice and representation that you can count on. Contact us today to find out more.

Resource:

pilotonline.com/life/home-garden/vp-hl-condo-conversations-ulrich-0928-20190928-y7phlgsp6jhmvnspufhbqnptgm-story.html

Posted in Homeowners Association, Landlord Tenant | No Comments »

In contemplating whether or not you want to get a divorce, the experts suggest not only asking yourself what your goal is and whether divorce is your best option to achieve it, but to analyze a number of potential red flags, as opposed to just one. Below, we discuss 12 that you may want to take a close look at:

You are no longer eating together

While this may seem like a minor issue, it may be a sign of something more major—i.e. that the two of you are disjointed and lacking in that connection time.

They are suffering from addiction and refuse to get help

This not only applies to issues such as alcohol, drugs or gambling, but severe mental health issues as well, especially any that are endangering you or others.

You are only still together because of your children

If this is the case, it could be a sign that the connection between the two of you has suffered or that you have put so much energy into your children that the relationship has suffered. Keep in mind that in some circumstances, it can be more difficult on your children to wait to divorce until they are older or leave home for college if there are unhealthy behaviors associated with staying together.

You are no longer having fun together

This sometimes indicates that there is a certain amount of resentment that can be difficult for couples to get beyond.

You are living separate lives

You are making decisions without your partner entering your awareness or interest.

You are no longer physically intimate and/or you would be fine with them seeing someone else

This can also be a sign that the connection is suffering, as physical intimacy and monogamy is what holds some relationships together.

The relationship is lacking in respect

If, for example, you or your partner is making decisions or engaging in actions you know causes the other person hurt.

Other Signs

Other signs that the relationship may be too deteriorated to salvage and this may be making you unhappy include:

• They talk about you behind your back and/or make fun of you during arguments
• You don’t want to come home or the sound of your partner arriving home fills you with anxiety
• You no longer feel empathy or tenderness towards them and instead there is negativity
• The thought of ending the relationship is a relief

Contact Our Florida Divorce Attorneys to Find Out More

If you have reached the point in your relationship where you wish to dissolve your marriage, our attorneys are here for you. There are a number of steps you will need to take in order to ensure that you are protected throughout the process, and we can provide the experienced counsel you are seeking. Contact our Tampa divorce attorneys at HD Law Partners today to find out more.

Resource:

womenshealthmag.com/relationships/a29126470/should-i-get-a-divorce/

Help Communicating with Your Ex After Divorce

Posted in Divorce, Family Law, tampa family attorney | No Comments »

The Court of Appeals for the Eleventh Circuit (which includes Florida) recently reopened a product liability case (involving a plaintiff who sued Ford for breach of an implied warranty of merchantability due to a seat belt coming undone during an auto accident) that could have tremendous implications for manufacturers, distributors, suppliers, and others in the stream of commerce.

Specifically, while the previous judge ruled in favor of the defendant (Ford) in an allegedly defective seatbelt case – finding that the seatbelt worked when the truck was sold 10 years’ prior and was “altered in the meantime,” which led to the subsequent accident and injury (through no fault of the manufacturer) –  the US Court of Appeals for the Eleventh Circuit vacated the trial court’s ruling (summary judgment for Ford), finding that a “reasonable person” could expect that a “seatbelt should not come undone in an accident 10 years later simply due to normal wear and tear.”

Questions Court of Appeals Wants Answered

While the court has not yet technically found in favor of the plaintiff, what it has decided is essentially that the record contains sufficient admissible evidence to raise a genuine question of fact regarding whether Ford breached the warranty. The case is now remanded back to provide additional facts and, specifically, the appellate panel indicated that there were two questions that needed to be answered: 1) what the state standard for breach of implied warranty involves and 2) whether the record contained enough evidence to support the trial court’s ruling. The court went on to explain that, while the trial court accounted for the seatbelt being 10 years old, it also needed to analyze what a 10-year-old seatbelt should be able to withstand.

In Florida, in order to recover for breach of a warranty, a plaintiff must be in “privity of contract” with the defendant – i.e. a mutual interest between the parties where one party can enforce a contract via a lawsuit against the other party. This standard has historically provided more leeway to manufacturers; regardless of whether the warranty is express or implied; if there is no privity, it isn’t enforceable.

Contact Our Florida Product Liability Defense Attorneys with Any Questions

Case precedent in the U.S. Court of Appeals for the Eleventh Circuit, with jurisdiction over Florida, which dictates that a manufacturer could possibly be held responsible for accidents and injuries that arise from problems with a product that was in excellent condition when it was sold and has since been altered over the course of 10 years could be catastrophic to companies. This is simply too broad regarding taking an injury and attributing it to what cannot be a manufacturing defect, given that the product was in perfect condition when it was sold.

HD Law Partners provides product manufacturers and their insurers with a strong, effective defense. Contact our Tampa product liability attorneys today to find out how we can help.

Resource: law.com/dailyreportonline/2019/08/09/11th-circuit-restarts-defective-seat-belt-case-against-ford/

Florida Appellate Decisions Push Bad Faith Standard & Raise Concerns

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f you are pursuing a divorce, there are a number of issues you want to make sure you discuss with your divorce attorney and, in some cases, related professionals, such as your financial planner, so as to ensure that your future finances and retirement are protected, as we discuss below:

Monthly Expenses & Immediate Needs

First, make sure you know what your monthly expenses look like – as well as your immediate needs and how they will be affected by the divorce – for example, will you need a new car and place to live, will there be insurance changes, groceries and gas to purchase, etc. Start small and work into bigger items, such as retirement savings.

Make sure that part of this involves managing your costs during the divorce. This includes tracking any money spent on financial planners, your divorce attorney, and any other professionals you have been working with. Also make sure that you are familiar with the timeline for the process so that you know exactly how long will be paying for these professionals.

Planning For Assets

Very carefully plan which assets you want to make sure you leave with and those that you are willing to divide up. For example, you will want to put a lot of thought into whether or not you want to keep the family home, which could end up being a financial burden. In addition, this will affect your debts; particularly if the house still has a mortgage on it and needs to be refinanced. To what extent both spouses’ names remain on the title depends upon whether one spouse will be buying the other one out, etc.

Remember: All Assets Are Not Created Equal (Due To Taxes)

Also make sure that you and your attorney discuss the tax implications of every asset that you hold onto and those that you plan to give to your ex. For example, money and retirement accounts is not always equal, depending upon when the taxes are taken out. Also make sure that you understand how the divorce will affect your tax bracket, as well as which funds are premarital assets and what your social Security benefit options are. For example, if you were married for 10 years or longer, you may be able to receive benefits based on your spouse’s record.

Debt

Try to come up with a way to eliminate shared debt before you finalize the divorce, as carrying on that debt when you also have new expenses on your own can be challenging. Also remember that joint debts remain both parties’ obligation when it comes to lenders, so if one spouse promises to pay a particular joint debt, the other spouse should continue to have access to that account – even if that is through their attorney – in order to ensure that it has been paid and therefore won’t negatively affect their credit.

Expenses For Children

If you share older children, it is also very important to have a discussion about college costs and to what extent each parent is going to be involved in figuring out college plans for the children, depending upon who is paying for what costs. For example, one spouse may assume that the other spouse is paying for half of a child’s private school tuition, while the other spouse has no idea and has not been kept in the loop in these discussions.

Updating Documents & Accounts

Make sure that the following accounting documents are also updated to affect your divorce:

• Authorized users on credit cards
• Banking accounts
• Car and house titles
• Power of attorney, health care directive, and your will
• Security passwords for all of your online accounts
• Retirement account and life insurance beneficiary forms

Contact Our Florida Divorce Attorneys Today to Find Out More

In addition, depending upon your age and circumstances, you may need to work with your attorney to take additional actions, such as adjusting any joint tenancy on assets you both own so that your spouse does not automatically inherit your assets if you pass on.

Regardless of your question, contact our Sarasota divorce attorneys at HD Law Partners today for a free consultation to find out how we can help.

Resource:

usatoday.com/story/money/2019/08/07/divorce-how-file-without-wrecking-your-finances/1932401001/

New Tax Strategies That Could Make Divorce Negotiations Easier

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As family law attorneys practicing here in Florida, during the month of August, we tend to see divorce filings spike. While divorce can be difficult and overwhelming, there are some new tech -related services that can help in terms of coordinating child issues with your ex and getting connected to helpful resources for divorce proceedings, as we discuss below:

“Co-Parenting” Apps

OurFamilyWizard can be used to help parents raising children separately and includes interactive calendars that allow you to track who has the kids on what days, as well as expense logs so that you can keep track of reimbursements, receipts, invoices, and more. The app also allows parents to communicate with each other through a secure message board and even features a “tone meter” option that can help to flag potentially problematic language before it is sent.

coParenter there’s another app designed to help with co-parenting and avoiding conflict while you do it. It allows one parent to send not-trackable notifications to the other parent, for example, when they are picking up or dropping off kids, as well as parents to send requests to each other if certain aspects of the schedule need to be swapped. In addition, if one parent does not want to use the app, it does still allow for the other parent to use the app in “solo mode” while sending messages to the parent who is not participating via a separate SMS phone number.

AppClose is another co-parenting app that allows you to manage schedules and send date- and time-stamped messages such as drop off and pick up requests; the difference being that AppClose is completely free to use.

TalkingParents Records your exchanges with the other parent and is all exchanges are also date and time stamped and in a format that is admissible in court. It also allows you to keep notes that will not be shared with your ex.

Divorce Proceedings Resources and Tracking Alimony & Child Support Payments

Divorceify is designed to help provide people with resources and connections for divorce proceedings, such as matching them with attorneys, mediators, therapists, and other professionals that can help them during the process. SupportPay is oriented towards being able to manage and track alimony and child support payments, and also allows the paying parent to view receipts to see what the child support payments are being spent on.

Moving On

Mend advertises itself as a “personal coach for the brokenhearted” and is designed to help you get over the end of your relationship. It includes training sessions that titles such as ‘rediscovering yourself after divorce’ and classes on topics like how to manage finances more efficiently after divorce.

If you live in Florida and have any questions or concerns about divorce or any other family law issue, contact our experienced Tampa family attorneys at HD Law Partners for a free consultation to find out how we can help.

Resource:

usatoday.com/story/tech/2019/07/24/7-divorce-apps-help-navigate-life-with-your-ex/1748032001/

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According to Florida officials, even though it has been nine-ten months since hurricane Michael struck, insurance companies have left more than 20,000 claims unpaid, which represents approximately 15 percent of all claims associated with the storm. This is shocking, given that, Florida law dictates that insurance companies are supposed to pay claims within 90 days of being filed (unless those claims are contested).

Those who suffered losses due to Michael suffered approximately $4.5 billion, totaling more than 130,000 claims and some businesses are estimating that it could take three to five years before the region is considered fully restored; in large part due to insurance payment delays. Part of the problem also involves insurance companies sending an initial amount, and then sending the remaining portion of funds later, when, at that point, contractors and workers are often unavailable to do the restoration work necessary. In addition, there is no question that insurance companies have been exceedingly slow when it comes to sending payments after the disaster, with Florida homeowners frequently receiving payments that are far too small or delayed and even having their calls go unanswered.

Bay County Especially Hard Hit

Most-all of the unresolved claims (an estimated 74 percent) linked to Michael are in Bay County. In addition, a number of claims have also been artificially labeled “closed” when in fact they are still unresolved and awaiting disputes. Many estimate that a number of the insurance companies are doing this in an effort to appear responsible to the state of Florida.

Obligation Under the Law

By law, insurance companies should (genuinely) be doing everything that they can to resolve all remaining open claims associated with hurricane Michael. And their obligation doesn’t just involve claims related to Michael: Under Florida law, policyholders have three years after a hurricane first lands to file, supplement, and/or reopen a claim. This means that policyholders still have more time to report Hurricane Irma claims as well.

Keep This in Mind for This Year’s Hurricane Season

The following are important steps to take to maximize your insurance recovery after a storm:

• Provide prompt notice – in writing – to your insurance company. Include a basic description of the loss and your contact information;
• Prepare your proof of loss. Include all documentation of property damaged – photographs, receipts, videos, etc. Make sure that you include an inventory of assets if you previously prepared one; and
• Keep track of all of your communications with the insurance company.

 If This Affects You, Contact Our Florida Hurricane Claim Insurance Attorneys

If you claim is uncontested and is still open, this is legally problematic and you should speak with one of our Fort Myers hurricane insurance claim denial attorneys at HD Law Partners right away to find out how we can help. Be wary of insurance companies that are purposely slowing the process so that you will give up on your claim or accept whatever you are provided with; even if it is not enough.

Resources:

miamiherald.com/news/state/florida/article233169061.html

.insurancejournal.com/news/southeast/2019/08/01/534461.htm

.newsherald.com/news/20190802/bulk-of-open-hurricane-michael-insurance-claims-in-bay-county

wlrn.org/post/small-businesses-still-struggle-recover-hurricane-michael

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New research indicates that divorced men actually become better caregivers. As a result of men becoming single parents after divorce, they are finding that it makes them better fathers in part because they are taking control and responsibility for situations that they might have otherwise delegated their partner or waiting to be told what to do. As a result, more and more men are advocating for themselves and therefore becoming better advocates for the children; all while making room to become better fathers; which is feeding back into changing custodial norms.

In general, as divorced parents are taking a more informed and research-based approach to co-parenting; while no longer distracted by marital conflict; they are parenting with a lot more focus. Part of this could also be explained by divorce simply making many people happier individuals and therefore happier parents in the long run.

“Executive Parenting Tasks”

This also means that divorced dads are taking on what the researchers term “executive parenting tasks,” such as planning activities and meals, and no longer delegating nurturing roles to their partners, therefore getting more and more practice emotionally connecting with their kids. They provide the comfort; sing lullabies; and do everything else that a caretaker parent does; while getting more practice and therefore more adept at it. By making more and more decisions, they are growing in self-confidence and are better able to meet their children’s needs.

Marital Conflict Is The Problem

As a result, more and more scientists are arguing that the adverse effects of divorce have simply been overstated, as the differences between children of divorce and children with married parents are fairly slight. These researchers say that, instead, marital conflict is the problem and therefore divorce can actually be the solution. The research indicates that children who spend regular time with their fathers-i.e. Overnights, time splits, etc.–perform better academically and have more confidence. In general, they appear to be less susceptible to problems, in general, throughout lives. In other words, these children are just as well-adjusted as those whose parents do not get divorced.

Time To Take This Into Court

This research is incredibly important because, although states and custody laws are changing and advocating for more 50-50 split instead of reinforcing underlying stereotypes concerning male and female caregivers, still, some perfectly capable fathers are denied equal time; suggesting that some are unfairly treated in courts; where they are not seriously taken as caretakers. In reality, divorce gives many dads opportunities that they wouldn’t otherwise have when it comes to parenting, and can also often make both mothers and fathers better parents because they have more downtime to recharge due to shared parenting setups. In the same way that we as a society are trying to get away from stereotypes the boys are biologically predisposed to outperforming girls when comes to certain academic subjects such as math and science, we have to get away from the messaging that men are second grade parents. Conversely, decades of research indicate that many kids of divorce wish that they had spent more time with their dads growing up.

If you live in Florida and have any questions about divorce and custody, contact our experienced Sarasota divorce attorneys at HD Law Partners today to find out how we can help.

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A case that could have huge repercussions on insurance litigation and insurance bad faith claims is in particular against State Farm insurance could go in the direction for the insurance company, according to reports. Plaintiffs brought antitrust claims against the insurance company, State Farm, alleging that it conspired with software makers to undervalue damage to homes in the due to fires; allegedly leaving homeowners with less than they needed to recoup the costs.

Complaints Against Valuation Tools

Specifically, the plaintiffs claim that State Farm relied on a valuation tool known as “360 Value,” which is produced by Verisk Analytics and Insurance Services Offices Inc. According to the complaint, the tool estimates property values at only 30 to 40 percent of their actual value and, as a result, does not account for a number of important aspects and factors that are relevant in calculating insurance payouts. In addition, another tool, called “Xactimate,” they allege, estimates construction costs at 50 percent below their actual market rates. For example, the tool estimated the cost of rebuilding one home at $804,000 when it actually cost $2.2 million, according to the complaint.

Antitrust Claims

The antitrust claim is based on allegations that the companies that produce these tools essentially monopolize the market, while providing flawed products, and State Farm has been complicit by decreasing ensures valuations for homes. However, the judge indicated that he did he was unsure that antitrust claims were appropriate for allegations linked to an insurance company allegedly relying on unreliable valuation tools that cost homeowners to suffer. Instead, he indicated that the product liability or negligence claim might be more appropriate.

In addition to the antitrust claims, the plaintiffs are alleging bad faith, breach of the implied covenant of good faith and fair dealing, false promise, negligence, intentional and negligent misrepresentation, reformation, and violations of state consumer laws that cover unfair competition and insurance practices. However, it is the antitrust claims that allow plaintiffs to pursue what are known as treble damages, which can triple any damages awards and, according to the plaintiffs, are necessary to actually recoup the costs of rebuilding. In addition, if plaintiffs prevail in the reformation claims, State Farm and other insurance companies could be forced to rewrite their insurance contracts and cover a small significant portion of homeowners rebuilding costs.

Contact Our Florida Insurance Litigation & Bad Faith Defense Attorneys

The law dictates that homeowners must ensure that their policy limits are adequate – that they review their policy limits carefully and consider insuring one’s property for more than in order to address increasing costs of labor and construction. Our Tampa insurance litigation attorneys represent insurance companies of all types in defending against bad faith and other claims. Contact us today at HD Law Partners to find out more about our services.

Resource:

courthousenews.com/antitrust-claims-against-state-farm-unlikely-to-advance/

Florida Court Finds That Hurricane Insurance Company Did Not Act in Bad Faith in Outdoor Grounds Policy Endorsement

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Money related issues are one of the number one reasons couples end up seeking a divorce.  For many, it is the number one cause of arguments between two married individuals. This is no surprise as, regardless of whether a couple is wealthy or in debt, many have financial disagreements.

Below, we discuss some of the biggest money-related reasons people end up getting divorced:

Opposing Views Of Money

One of the reasons financial issues become a problem is because couples fail to discuss these issues before getting married; only to find out afterwards that they have completely opposite views of money. Sometimes this leads to a “spender” and a “saver,” for example, who are continually at odds with one another. This can especially become an issue if a couple starts out in debt, which many do. This sometimes also adds to the anxiety which, in turn, can make discussing finances even more daunting.

Credit Card Debt

Credit card debt is another issue that sometimes comes between people, especially when one individual has worked overtime to pay off their own debt; only to have their spouse rack up new debt that they will both be responsible for. In fact, the larger a couple’s debt, the more likely money becomes an issue that they fight about.

Costly Financial Decisions – Alone & Together

Financial infidelity can have a devastating effect on marriage, and include secret purchases, costly addictions, and secret bank accounts. And when two people make costly spending decisions together, this can also add to the tension. One example is purchasing a house that is simply too expensive to sustainably stay in, as well as major purchases, such as a new car, or even major unexpected expenses, such as having to care for an elderly relative, a medical emergency, or even the wedding.

Bank Accounts & Feeling Marginalized

For some couples, combining bank accounts causes so much stress that advisers even go so far as to recommend keeping separate bank accounts so as to avoid that conflict. In addition, loss of financial control can end up causing some individuals to feel marginalized in the marriage, as though they do not contribute enough to the family wealth. This is sometimes the case for women in high net worth situations, for example.

Contact Our Florida Divorce Attorneys Today

Family court issues are some of the most stressful legal issues in the courts. Given that your personal and family’s financial well-being is at stake, you want to make sure that you work with the very best family law attorney in order to ensure that you are protected. Contact our experienced Tampa family attorneys at HD Law Partners today to find out more about our legal services.

Resources:

https://www.independent.co.uk/news/business/news/money-marriage-end-divorce-day-relationships-personal–finances-slater-gordon-a8147921.html

https://www.businessinsider.com/divorce-money-issues-financial-relationship-couple-2019-7

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On July 15, a Florida Federal District Court made an important insurance bad faith litigation decision that involved a hurricane insurance claim. The court ultimately found that the insurance company must provide coverage to a limited number of locations when it comes to an outdoor grounds policy endorsement for a country club. The dispute involves damage caused by Hurricane Irma.

The Case & Decision

Grey Oaks Country Club filed a claim with its insurance company – Zurich Insurance Group Ltd – seeking compensation to cover damages from Hurricane Irma at 19 of its property locations. Zurich responded that it was only liable to cover one property/location (or “premises”). In response, the plaintiff country club argued that insurance company breached its coverage obligations under the commercial insurance policy and acted in bad faith by providing only partial payment and instead used the money to negotiate a lower settlement.

In all contract cases, interpreting an insurance contract is a question of law, and therefore must be decided by the court (and not a jury). Florida law dictates that if the “terms” of the contract are “clear” and “unambiguous,” the court must interpret that contract in accordance with its plain meaning. Only when there is ambiguity is it appropriate for the court to resort to outside evidence, where ambiguity is measured by whether the language is susceptible to more than one reasonable interpretation (not just because a contract fails to define a term).

Ultimately the court sided with Zurich because the policy did not define “premises,” therefore the court had to look to the unambiguous, general meaning via the actual addresses provided in the Declarations for Commercial Property Coverage, which included two addresses total. The Court pointed out that the club asking the court to designate each of the 19 locations as separate premises for the purposes of the Outdoor Grounds Coverage was not in keeping with the premises referred to in the Declarations for Commercial Property.  The mailing address listed on the policy is what the court based its decision on and not the Schedule of Forms and Endorsements – which included the Schedule of 19 Locations – that was included.

Contact Our Florida Insurance Litigation Attorneys

Cases like this illustrate just how important it is to work with an attorney when it comes to not only interpreting your insurance contract, but in ensuring that, from the outset, any terms you agree to are favorable to you and what you expect. Our Tampa insurance litigation attorneys have significant experience in breach of contract claims, commercial litigation, insurance claims, insurance bad faith/litigation, and hurricane insurance claim denials, with offices in Tampa, Sarasota, Bradenton, Orlando, and Fort Myers, we are prepared to meet your legal needs. Contact us today at HD Law Partners to find out more.

Resource:

ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2018-00639-55-2-cv

Posted in Insurance Litigation | No Comments »